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Learn moreWhen a senior suffers a fall there are a wide variety of unfortunate outcomes that may occur. While the obvious bumps, bruises, and broken bones may come to mind first, you may not consider infections from a scrape which can lead to a serious illness and even death. Nursing home abuse lawyers in Joliet can tell you all about these sad but typically preventable falls and fractures for they have experience in representing the victim or their family in court. Whether it is a negligent staff member or deplorable nursing home conditions, these accidents are unacceptable and the guilty parties must face legal consequences. Elder care lawyers will also fight to recover all medical costs. Please review the following information regarding falls and fractures in nursing homes.
Nursing home negligence is one of the most horrifying offenses imaginable, yet unfortunately it is all too common. Although sometimes a nursing home accident is inevitable and is not anyone’s fault, it is the preventable nursing home injuries that justify personal injury lawsuits. When a preventable fall or fracture occurs, the damages that result can justify compensation, including:
Yes, if you are the nursing home resident for which the records are being requested, or the legal representative. In fact, you have a legal right to them under federal law. “Medical records” includes both patient charts and clinical records. You must request these records in writing, and in most cases the nursing home must provide them to you within 24 hours (in some cases the nursing home may delay compliance for up to 30 days). Do not tell the nursing home why you are requesting the records, in order to discourage falsification or deletion of records.
The Illinois Department of Public Health (IDPH) is the state agency responsible for regulating the activities of nursing homes. The IDPH licenses regulates and inspects the more than 1,200 nursing homes in the state of Illinois, and it can respond to a complaint with an investigation and remedial measures.
The Illinois Nursing Home Care Act is the state law that is enforced by the IDPH. It is specially designed to protect nursing home residents not only because it contains protective provisions, but also because it provides nursing home residents (and agents acting on their behalf) with the right to file a lawsuit for violation of its provisions. Certain rights are granted to nursing home residents that might not be available without the statute, including the right to collect reasonable attorney’s fees and the right to an injunction against the nursing home. An injunction is a court order forbidding the nursing home from performing certain acts or requiring it to perform certain acts.
The Nursing Home Care Act grants nursing home residents many rights, some of which are relevant to falls and fractures. These rights include:
Any violation of these rights makes victory in court or at the settlement table more likely, as long as it was a substantial cause of the fall or fracture. If the nursing home neglected to bathe you frequently, for example, and you suffered a fracture while attempting to walk to the shower or by showering alone, the nursing home’s failure to bathe you often enough might be enough to support a lawsuit.
Yes. In a criminal prosecution you must prove guilt “beyond a reasonable doubt,” while the standard of liability in a lawsuit is a “preponderance of evidence,” which means “more likely than not” or something like a 51 percent likelihood. In other words, you can still win a lawsuit even if the court considers it 49 percent likely that your claims are wrong.
Yes, as long as you have been named the personal representative of the deceased victim’s estate, and as long as you file the lawsuit within one year of the victim’s death. You must file the claim under the Illinois Wrongful Death Act rather than the Nursing Home Care Act. Wrongful death payouts can be quite substantial.
Insufficient supervision is one of the main causes of these accidents. Staff members are given clear instructions to monitor the entire population and some residents may require additional supervision to prevent such an injury. If a resident is left unattended or simply ignored for a long period of time, the opportunity for a fall rises dramatically. Nursing Home abuse attorneys in Joliet will work hard to research the incident and not only have the accountable staff member reprimanded but also fight to have them removed from the institution to avoid endangering others.
In a perfect world, nursing homes will be the ideal environment for the elderly to thrive in. But unfortunately for some, this is certainly not the case. Loose handrails, wet floors, and improper lighting can make a seemingly innocent walk down the hallway a treacherous path to an eventual fall or fracture. If a fall does occur your nursing home abuse lawyer in Joliet will always document the reason for the fall and use this as evidence in your case. The nursing home will ultimately be at fault and responsible for the medical costs incurred by the incident.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
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I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
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I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
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I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
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Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
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Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
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I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
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Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
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Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
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My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
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2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
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